THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
1st Criminal Bail Application No.S-96 of 2021
Applicants: Amanullah, Abdul Wahab and Muhammad Sallah through Mr. Atta Hussain Qadri, Advocate.
Respondent: The State
Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.
Criminal Bail Application No.S-33 of 2022
Applicant: Gulab Dal through Mr. Atta Hussain Qadri, Advocate.
Respondent: The State
Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.
Date of hearing: 27.10.2022
Date of Order: 27.10.2022
O R D E R
AMJAD ALI SAHITO, J.- Through instant Criminal Bail Applications, applicants/accused Amanullah son of Naimatullah, Abdul Wahab son of Abdul Fatah and Muhammad Sallah son of Muhammad Jam all by caste Dal seek pre-arrest bail in Crime No. 01/2021, offence under Sections 302 337-H(2), 148, 149 P.P.C. of the Police Station 20 Miles. Prior to this, they filed such applications, but the same were turned down by the Court of Sessions Judge, Shikarpur vide order dated 24.02.2021; hence they filed instant Criminal Bail Applications.
2. The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.
3. Instant bail applications were presented on 04.03.2021 and 20.01.2022 respectively and the same were fixed before the Court on the same day and interim pre-arrest bail was granted to the applicants in the sum of Rs.100,000/- (Rupees One Hundred Thousands only) each and P.R Bonds in the like amount to the satisfaction of the learned Additional Registrar of this Court. Since then no progress has been made. This is a murder case, but the applicants/accused are enjoying their liberty and the learned counsel for the applicants on the one or the other pretext is reluctant to proceed with the matter. Finding no way, today I have directed learned Deputy Prosecutor General to read out the F.I.R. which he has read out and as per contention of the F.I.R. on the instigation of the accused Amanullah Dal all the accused persons made fires upon the deceased party, however, though the names of the applicants/accused Abdul Wahab, Muhammad Sallah and Gulab Dal appeared in the F.I.R., but no specific role has been assigned to them and mere presence has been shown at the place of incident.
4. Heard and perused. Though the names of the applicants/accused have been appeared in the F.I.R., but no specific role has been assigned to them that they have fired upon deceased party. In the case of Qurban Ali vs. The State (2017 SCMR 279), wherein Honourable Supreme Court of Pakistan has granted bail to the accused, who had not been attributed any overt act during the occurrence except the role of raising lalkara. The trial Court in such circumstances has to determine after recording pro and contra evidence, whether the applicants were vicariously liable for the act of their co-accused and that case was one of the further enquiry. It is the trial Court to see whether they have caused the offence or not and at bail stage only tentative assessment could be made. Learned counsel for the applicants/accused pleaded malafide on the part of the complainant in view of the previous enmity they have been implicated in this case otherwise they are innocent. The case of the applicants/accused is one of further enquiry. In the case of Mumtaz Hussain and 5 others v. The State (1996 SCMR 1125), the bail was granted to the accused on the ground that despite being allegedly armed with deadly weapons like rifle, gun and hatchet only caused simple blunt injuries to some of the prosecution witnesses using the wrong side of their weapons. The question whether the accused in such a situation shared their common intention with the co-accused who had caused the death of the deceased needed further enquiry. In view of above applicants/accused Abdul Wahab, Muhammad Sallah and Gulab Dal have made out their case for grant of bail under sub-section (2) of Section 497 Cr.P.C. The challan has been submitted and the accused are no more required for further investigation. Accordingly, interim pre-arrest bail granted to applicants Abdul Wahab, Muhammad Sallah and Gulab Dal on 04.03.2021 and 20.01.2022 respectively is hereby confirmed on the same terms and condition. Whereas name of applicant/accused Amanullah has appeared in the F.I.R. with specific role that he has made straight fire from his K.K upon Rasool Bux with intention to commit his murder, resultantly, he was also died as such no case is made out for pre-arrest bail. Accordingly, interim pre-arrest bail granted to applicant Amanullah on 04.03.2021 is hereby recalled and to the extent of accused Amanullah his bail application is dismissed.
5. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.
J U D G E
Manzoor